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PRESS RELEASE
Complaint to Australian Human Rights Commission challenges discriminatory law A complaint is being lodged today by the Disability Discrimination Legal Service Inc to the Australian Human Rights Commission challenging systemic discriminatory practices of the Australian social security system and alleging breach of the United Nations Conventions on the Rights of People with Disabilities. ‘The National Ethnic Disability Alliance (NEDA) has been highlighting for more than a decade that the current exemption of the DDA from the Social Security Act 1991 is unjust and increases pressures on individuals with disability that in turn can lead to worsening of their physical and mental health’ states Sibylle Kaczorek. ‘In 2008, prior to Australia signing the United Nations Convention on the Rights of Persons with Disabilities (CRPD) NEDA obtained pro-bono legal advice suggesting that the current legislation and the exemption of the DDA may be in breach of the CRPD’ notes Ms Kaczorek. ‘NEDA was fortunate in 2010 to secure funding through the Attorney General’s Department to conduct human rights workshops across Australia. During these workshops NEDA met many people from non English speaking background with disability who shared their stories and experiences as they relate to human rights.’ ‘One story that was particularly compelling was of the person who is now being supported by DDLS in her complaint to the Human Rights Commission. What became clear to NEDA was the fact that this woman was not receiving adequate health care as a consequence of the 10 year waiting period before being eligible to access the Disability Support Pension (DSP).’ ‘The DDLS argues that the 10 year waiting period which is justified by the exemption of the DDA from the Social Security Act in fact breaches Article 25 of the CRPD, which guarantees the right to access the highest attainable standard of health’ states Ms Kaczorek. Further, it is argued that the above exemption ‘breaches article 28 Adequate Standard of Living and Social Protection especially as it relates to point a, that people with disabilities can get necessary services, equipment and help for disability related needs.’ Juan de la Torre adds, ‘as the national peak organization for people from NESB with disability, it is NEDA’s role to highlight problems of national policy and legislation and we are guided by human rights especially as they relate to the Convention. However, what really drives us are the personal stories of real people who clearly suffer when their rights are not met.’ ‘NEDA looks forward to the outcome of the complaint to the Human Rights Commission which will inform our future actions on this matter. Clearly, a complaint to the United Nations Committee of Experts on the CRPD is a logical next step if the complaint cannot be resolved’ states Mr de la Torre. Juan de la Torre is the President, Sibylle Kaczorek is the Executive Officer of NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. NEDA is funded by the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to provide policy advice to the Australian Government and other agencies on national issues affecting people from NESB with disability, their families and carers. 10 November 2011
CONTACT for INTERVIEWS Juan de la Torre 0427 480 671, Sibylle Kaczorek 0407 878 933 PRESS RELEASE
Families left in confusion and distress - delay on migration with disability is causing distress and suffering
‘Why is our son not good enough for Australia?’ asks Estelle Jacobs. ‘The Jacobs family is one of many that contact the National Ethnic Disability Alliance trying to understand the negative approach the Government is taking in their application to stay in Australia permanently. At NEDA we believe that the current migration regulations are against the spirit of human rights for people with disability’ states Sibylle Kaczorek. ‘The Joint Standing Committee on Migration released the findings from its Inquiry into migration with disability on 20 June 2010, Enabling Australia. The Government has repeatedly stated that a decision on the recommendations to the Enabling Australia report will be made in the first half of 2011.’ ‘NEDA wrote to the Minister for Immigration Chris Bowen on 22 June 2011 and then again on 28 July 2011 requesting information on the Government’s decision. Our letters have been left unanswered’ Ms Kaczorek states. Juan de la Torre adds, ‘witnessing these families’ suffering for no other reason than delays and a reluctance to embrace disability as part of human diversity is heart breaking. We need answers and we need human rights obligation to be put into practice.’ ‘To make things even more confusing for families are grave inconsistencies in the decision making process’ Ms Kaczorek states. ‘In the case of the Jacobs family, they have been waiting for almost 2 years since applying for their permanent visa. Their application is still pending a Health Waiver decision. On the other hand, there is the Lewington family who received their permanent visa approval within a month without being subjected to the same process as the Jacobs family. Both families applied for a permanent visa from within Australia and both disclosed the fact that their children have a diagnosis of Williams Syndrome.’ A letter from the Department of Immigration and Citizenship to NEDA, 15 March 2011 states; All states and territories are now participating in the skilled health waiver scheme. Consequently, such delays should now be diminishing, together with any backlog of cases. ‘Five months later, the words of Estelle Jacobs reflect a very different reality’ states Ms Kaczorek. Ms Jacobs says ‘the emotional stress while having to wait 611 days for our permanent visa, has left us a broken family. We are stressed to the maximum, our children have been suffering through something unimaginable. We have not been able to settle down yet, buy a property. We have even been questioned by our children’s school on the validity of our visa which expires in November. We have been let down.’ Ms Kaczorek notes, ‘the delay of the Government to decide on the recommendations of the Enabling Australia report are unacceptable. Unacceptable also is leaving people waiting for almost two years to decide whether a person with disability is worthy enough to migrate to Australia. The Convention on the Rights of Persons with Disabilities must be more than just ink on paper. The Jacobs family and others in similar situations deserve to be treated with dignity and respect.’ Juan de la Torre is the President, Sibylle Kaczorek is the Executive Officer of NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. NEDA is funded by the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to provide policy advice to the Australian Government and other agencies on national issues affecting people from NESB with disability, their families and carers. 17 August 2011 CONTACT for INTERVIEWS Juan de la Torre 0427 480 671, Sibylle Kaczorek 0407 878 933
PRESS RELEASE
Interpreting services for aged care must be extended to disability sector The National Ethnic Disability Alliance (NEDA) is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. ‘NEDA congratulates the Gillard Government on its initiative to make interpreting services available to help older people from non-English speaking backgrounds communicate on health and aged care matters’ states Juan de la Torre. According to the Government’s press release from 8 July 2011, this investment delivers on the election commitment to provide improved access to translation services for older Australians from non-English speaking backgrounds and cultural awareness training for aged care staff. The government data demonstrates that people from NESB make up 16 per cent of residents in residential aged care homes; it is estimated that by 2026, one in four people aged 80 and over will be from non-English speaking background. Mr de la Torre notes, ‘given that today already 1 in 4 people with disability are from NESB background, the logical conclusion must be that translation and interpreting services be made available to the disability sector also.’ Sibylle Kaczorek states, ‘the fact that the Government recognises that communication barriers can mean that Australians from NESB may not receive timely care and support which can lead to poorer health outcomes and increased isolation surely applies equally to people with disability.’ ‘The timing of this announcement could not be better’ adds Kaczorek, ‘given the Government’s new commitment to Multiculturalism and the work currently conducted by the Productivity Commission on Disability Care and Support, now offers the opportunity to ensure that people from NESB with disability are included through interpreting services.’ ‘Productivity reporting on utilisation of existing disability services demonstrates over and again that people from NESB with disability under-utilise these services. The latest figures for 2008-2009 show an under-utilisation of 2 - 4 times for people from NESB as they relate to community access and support services, respite services and employment services’, Ms Kaczorek states ‘The ability to communicate in one’s preferred language and cultural awareness and competence are at the heart of access and inclusion. Without dedicated funding provisions for interpreting services and dedicated multicultural program strategies people from NESB with disability will remain marginalised’, Ms Kaczorek concludes. Juan de la Torre is the President, Sibylle Kaczorek is the Executive Officer of NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. NEDA is funded by the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to provide policy advice to the Australian Government and other agencies on national issues affecting people from NESB with disability, their families and carers. 11 July 2011 CONTACT for INTERVIEWS Juan de la Torre 0427 480 671, Sibylle Kaczorek 0407 878 933
PRESS RELEASE Human Rights workshops for people from NESB with disability The National Ethnic Disability Alliance (NEDA) is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. NEDA was successful in gaining a human rights education grant from the Attorney General’s Department. The grant is provided to run consumer workshops across all states and territories. Sibylle Kaczorek states, ‘the aim of the consumer workshops is for people from NESB with disability to be empowered through information on and articulation of their human rights by applying the UN Convention on the Rights of Persons with Disabilities (UNCRPD) to everyday life. In addition, the information from the workshops will be published in form of a good practice guide.’ Ms Kaczorek says ‘the UNCRPD is a breakthrough document that spells out the rights of people with disability to be fully included in all aspects of society. Implementation of the UNCRPD will assist Australia to be a harmonious and inclusive society for all people from NESB backgrounds, including people with disability. However this will not occur unless special measures are enacted to deal specifically with the needs, aspirations and human rights of people with disability from NESB communities.’ The target group for the workshops is people from non-English speaking background with disability; first and subsequent generations. Participants include people with physical and intellectual disability, people with vision impairments or who are blind, people who are deaf or have hearing impairments, people with psychosocial disabilities (mental illness), people with acquired brain injury or who have HIV/Aids. Included will be all age groups, newly arriving as well as more established communities. The first round of workshops is being rolled out;
The workshops are targeted at members of the multicultural community, those already and those not yet in contact with the disability service system.
Ms Kaczorek states ‘these workshops are overdue, people from NESB with disability have been forgotten for too long. NEDA calls on the multicultural community to support these workshops across Australia.’
Sibylle Kaczorek is the Executive Officer of NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. NEDA is funded by the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to provide policy advice to the Australian Government and other agencies on national issues affecting people from NESB with disability, their families and carers.
3 June 2011 CONTACT for INTERVIEWS - Sibylle Kaczorek 0407 878 933
PRESS RELEASE The Gillard Government’s stance on migration with disability is counterproductive in view of ongoing skills shortage ‘Amidst an ever increasing polarisation on the Government’s handling of the global refugee situation, the Gillard Government is losing sight of its own migration policies’, states Sibylle Kaczorek. In the recent Budget announcements, the Government identified the need for increases to the skilled migration program with an additional 12 000 places allocated to skilled entrants. The prime motivation for this increase is to meet Australia’s labour needs. ‘Despite this very clear message of a need for skilled labour, the Government rejects families able to fill the skills shortage only because a member of these families lives with disability. Apart from these rejections being discriminatory and contrary to human rights approaches, they are entirely counterproductive when considering Australia’s labour needs’ says Juan de la Torre. ‘The National Ethnic Disability Alliance regularly receives pleas for support from families wanting to permanently settle in Australia and support this country with their skills, these families are left in disbelief when they are told that their skills are welcome but not the person with disability in their household’, Ms Kaczorek adds. The Proom family is a case in point. Mr Proom is a computer professional with his specialistation continuously being identified on the Department of Immigration’s Critical Skills List. This lists notes that occupations identified are in critical shortage and are eligible for priority processing. Ms Kaczorek suggests, ‘one would think that the application of the Proom family would be welcome in Australia, also considering that Mrs Proom is a primary school teacher. However, their application was rejected because their six year old child was diagnosed with the condition of Cognitive and Language Delay.’ ‘Another case brought to NEDA’s attention was that of the Lucas family. In their case, we have two IT professionals who were rejected because of their youngest daughter’s diagnosis of microcephaly, a neurodevelopmental disorder.’ ‘With a quarter of professions on the Critical Skills Lists relating to computer/IT skills the fact that professionals like the Lucas family are denied entry into Australia, beggars belief’ says Ms Kaczorek. ‘No matter how much evidence the Lucas family provided to illustrate the lack of financial imposition of their family onto the Australian Government, there simply are no options available within the current migration law and regulations, leaving these families distraught and disillusioned’ Ms Kaczorek adds. Mr de la Torre urges ‘the Government to embrace those who have a passion to build this country further. NEDA exists to promote cultural diversity and disability rights as part of an inclusive and equitable Australia. NEDA calls on the Government to change its approach of its migration policy and to welcome individuals and families, including those with disability, who want to contribute to this country.’ The Government has repeatedly stated that a decision on the recommendation to the Enabling Australia Report will be made in the first half of 2011. The report was an outcome of the Joint Standing Committee on Migration Inquiry into migration with disability, released on 20 June 2010. The report recommends changes which would allow families such as the Proom and Lucas families to successfully migrate to Australia. Ms Kaczorek states, ‘Now is the time for the Government to demonstrate its acceptance of human rights for people with disability and to get rid of barriers that prevent the skills shortage from being addressed.’ Juan de la Torre is the President, Sibylle Kaczorek is the Executive Officer of NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia.
23 May 2011 CONTACT Sibylle Kaczorek 0407 878 933, Juan de la Torre 0427 480 671
PRESS RELEASE The use of capsicum spray contravenes Human Rights obligations The National Ethnic Disability Alliance (NEDA) is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. Responding to a report of capsicum spray used on a wheelchair bound person, Ms Sibylle Kaczorek states that ‘the use of capsicum spray should only apply as a last resort in any case and the use on a wheelchair bound person is unacceptable and contrary to the Convention on the Rights of Persons with Disabilities (UNCRPD). Based on Article 16 of the UNCRPD, Freedom from exploitation, violence and abuse, NEDA believes that the responsible Police Officers involved in the capsicum spraying of Mr Butterfield need to be prosecuted if investigation finds that such violence was applied for no justifiable reason.’
Ms Kaczorek notes that ‘the Convention clearly states that people with disability have the same rights as any other person which includes the right of freedom of speech and the right of freedom of assembly – this includes the participation on any person at the peaceful protest outside the Immigration Centre as occurred last Saturday.’ NEDA as recently as on the 11 February 2011 wrote to the Minister for Immigration and Citizenship expressing concern for the children currently held in immigration detention centres, the letter noted the impact of such detention, including long term damaging and disabling effects especially on children. On the 11 Feb 2011, 1043 children were in immigration detention and 463 of those were unaccompanied. NEDA requested that these children be allowed to move into the community. Ms Kaczorek states that ‘NEDA commends people like Mr Butterfield who are willing to demonstrate their public support for the health and well being of asylum seekers including children who are treated in a punitive way usually applied to criminals. People in need of asylum ought to be treated in a supportive way with humanitarian responses.’ ‘Those supporting compassion and understanding should not be responded to with capsicum spray when they believe that civil disobedience is the only option they have to express their compassion. Civil disobedience has been used over the centuries to promote humanitarian solutions to discrimination, inequity and injustice such as fighting apartheid in South Africa and supporting the struggle of independence for the people of East Timor more recently in our region.’ Ms Kaczorek adds, ‘NEDA is involved in a policy campaign to end discrimination against people with disability wishing to migrate to Australia; it is people like Mr Butterfield and his fellow supporters that are needed to stop such discrimination from continuing. NEDA offers public support to Mr Butterfield.’ Sibylle Kaczorek is the Executive Officer of NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. NEDA is funded by the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to provide policy advice to the Australian Government and other agencies on national issues affecting people from NESB with disability, their families and carers.
4 April 2011 CONTACT for INTERVIEWS Sibylle Kaczorek 0407 878 933
PRESS RELEASEData confirms higher rate of disability amongst migrants
The National Ethnic Disability Alliance (NEDA) is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. ‘The latest data released by the Australian Bureau of Statistics (ABS) this week confirms what NEDA has been evidencing for years, the rate of disability of migrants from non English speaking countries is at times more than double of the average rate of disability’ states Juan de la Torre. De la Torre notes, the figures indicate an Australian average rate of disability of 18.9 per cent, however for people born in Italy and Greece, the rate is 45.5 and 45.7 per cent respectively.’ ‘Not even a year ago, NEDA launched its report What does the data say to illustrate the higher incidence of disability among migrants and also the earlier onset of disability among migrants’ he says. Sibylle Kaczorek notes ‘NEDA has been advocating for better data collection, analysis and reporting with successive Governments and the ABS for years. Finally, we are proven correct with our own analysis in what is only the beginning of reporting on disability data with a break down of ethnicity.’ ‘The timing could not be better’ adds Kaczorek, ‘given the Government’s new commitment to Multiculturalism and the release of the Productivity Commission’s first report on Disability Care and Support, these latest figures can no longer be ignored.’ ‘NEDA will be advocating strongly for the need of a dedicated strategy for people from non English speaking background as part of the proposed National Disability Insurance Scheme. The first report is too weak in its recommendations when it comes to people from NESB with disability. The latest data confirms NEDA’s call for free interpreting services and dedicated advocacy services.’ NEDA’s Patron for 2011 Professor Ron McCallum, Senior Australian of the Year 2011 and the Chair of the UN Committee of Experts on the Convention on the Rights of Persons with Disabilities (CRPD) will be highlighting the urgent need for improvement in service access and service delivery for people from NESB with disability. Prof McCallum notes, ‘NEDA’s work has been given new legitimacy and relevance with the latest ABS data. In line with the spirit of multiculturalism and the rights enshrined in the CRPD, the Australian Government has a clear mandate to guarantee that the higher rate of disability among its ethnic migrants is investigated, addressed and serviced in a cultural informed and competent way.’ Juan de la Torre is the President, Sibylle Kaczorek is the Executive Officer of NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. NEDA is funded by the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to provide policy advice to the Australian Government and other agencies on national issues affecting people from NESB with disability, their families and carers.
4 March 2011 CONTACT for INTERVIEWS Prof Ron McCallum 0411 880 228, Juan de la Torre 0427 480 671, Sibylle Kaczorek 0407 878 933
PRESS RELEASE
Calling on the Prime Minister to end the TEN year waiting period to access the Disability Support Pension
The National Ethnic Disability Alliance (NEDA) is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. NEDA is celebrating its 15th anniversary of consumer representation. The celebration will be held on 23 February 2011, 2pm – 5pm at Melbourne Town Hall, Yarra Room. Today, NEDA’s Patron for 2011 Professor Ron McCallum, Senior Australian of the Year 2011 and the Chair of the UN Committee of Experts on the Convention on the Rights of Persons with Disabilities (CRPD) will be launching NEDA’s postcard campaign to the Prime Minister the Hon Julia Gillard. The postcard campaign calls on the Prime Minister to end the TEN year waiting period to access the DSP and will be distributed across Australia. Juan de la Torre states, ‘For more than two centuries, migrants have moved to Australia and have made this country into the unique multicultural community that is enjoyed today. Some of these migrants have disability, or have family members with disability who need to wait ten years before accessing the Disability Support Pension. This creates financial hardship, missed opportunities to access services and supports which exacerbates social exclusion.’ Sibylle Kaczorek suggests that ‘the Government is inconsistent in its argument about social security payments which is a reflection that it is driven by economics and not human rights, despite ratifying the UN Convention on the Rights of Persons with Disabilities.’ ‘This is best exemplified in the argument about the proposed changes to the DSP residency rule. The Government argues that the changes are in order to bring the DSP payments in line with other working age payment; the Government referred to this in its media release from 20 October last year as closing a loophole.’ ‘However, this logic is not applied in the Government’s argument for maintaining the ten years waiting period for the DSP which is the same for the Age Pension. To be consistent the Government would then embrace NEDA’s call for an end to the TEN year waiting period and bring it in line with all other working age waiting periods, that is two years.’ Prof McCallum notes, ‘I support NEDA’s campaign to end the antiquated rule that migrants must wait ten years before they can receive the Disability Support Pension. I do not believe that this policy is in line with the spirit of human rights as expressed through the CRPD.’ Juan de la Torre is the President, Sibylle Kaczorek is the Executive Officer of NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia.
NEDA is funded by the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to provide policy advice to the Australian Government and other agencies on national issues affecting people from NESB with disability, their families and carers.
23 February 2011 CONTACT for INTERVIEWS Prof Ron McCallum 0411 880 228, Juan de la Torre 0427 480 671, Sibylle Kaczorek 0407 878 933
PRESS RELEASE
People from non English speaking background with disability –
The National Ethnic Disability Alliance (NEDA) is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. NEDA is celebrating its 15th anniversary of consumer representation. The celebration will be held on 23 February 2011, 2pm – 5pm at Melbourne Town Hall, Yarra Room. ‘For 15 years NEDA has been advocating and campaigning for human rights and social justice for people from non English speaking background with disability’ states Juan de la Torre. ‘Our vision is an inclusive Australia where cultural diversity and disability rights are valued as essential aspects of an equitable society,’ he continues. Sibylle Kaczorek suggests that ‘NEDA has done good work over the years and we are proud of this. The barriers we face in the representation of the rights of our constituency are often structural and matters of legislation. Positive changes in these areas are harder to come by.’ ‘We have seen encouraging initiatives by the Government over the past years; these need to be developed further to result in enabling and inclusive changes and outcomes’ says Kaczorek. She states, ‘NEDA was successful in attracting an educational grant from the Attorney General’s Department for human rights education for people with disability and staff will be developing the education workshops in collaboration with NEDA’s constituency and academia.’ ‘A highlight of the 15th anniversary celebration is the introduction of NEDA’s Patron for 2011’, de la Torre adds. ‘Professor Ron McCallum, Senior Australian of the Year 2011 and the Chair of the UN Committee of Experts on the Convention on the Rights of Persons with Disabilities (CRPD) will be launching NEDA’s postcard campaign to the Prime Minister the Hon Julia Gillard’. Prof McCallum notes, ‘I support NEDA’s campaign to end the antiquated rule that migrants must wait ten years before they can receive the Disability Support Pension. I do not believe that this policy is in line with the spirit of human rights as expressed through the CRPD.’ NEDA works closely with other national peak bodies who will be speaking at the celebration. Another highlight of the event will be the launch of the disability policy by the Federation of Ethnic Community Councils of Australia. Juan de la Torre is the President, Sibylle Kaczorek is the Executive Officer of NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia.
NEDA is funded by the Commonwealth Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA) to provide policy advice to the Australian Government and other agencies on national issues affecting people from NESB with disability, their families and carers. 16 February 2011 CONTACT for INTERVIEWS Prof Ron McCallum 0411 880 228, Juan de la Torre 0427 480 671, Sibylle Kaczorek 0407 878 933 PRESS RELEASEWaiting for Action Now! NEDA expects to see positive changes
The National Ethnic Disability Alliance (NEDA) welcomes the announcement of the new Government and congratulates the Independents’ Rob Oakeshott, Tony Windsor and Andree Wilkie, and the Greens’ Adam Bandt on their confidence to an ongoing, albeit minority, Labor Government.
Michele Castagna (President) notes that ‘since the 2007 Labor Government we have seen an increased acknowledgement of people with disability and their rights to be equal Australians. Good intentions that have been lacking in previous, successive governments.’
‘Highlights of these have included a social inclusion agenda, the ratification of the UN Convention on the Rights of Persons with Disabilities, a draft National Disability Strategy and the current Inquiry before the Productivity Commission on the long term disability care and support.’
Sibylle Kaczorek (Executive Officer) suggests that ‘we now need to take these positive initiatives and developed them further to achieve positive change and outcomes.’
‘NEDA’s election campaign has centred around three key opportunities for change which if implemented will go a long way towards the achievement of human rights and social justice for people from non English speaking background with disability, and towards a more inclusive Australia.’
‘To date, individuals and families with children with disability are denied migration opportunity, amendments to the migration act is imperative, discrimination of any sort is not acceptable. This is inclusive of withdrawal of any limitations to the UNCRPD.
Waiting periods for Disability Support Pension are not on’ states Ms Kaczorek.
Ms Castagna says, ‘NEDA on behalf of 1 million people, individuals and families from NESB with disability, demand and expect a fully inclusive Australia. We are looking forward to working with the new Government in a collaborative partnership for the benefit of all Australians.’
Michele Castagna is the President, Sibylle Kaczorek is the Executive Officer of NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. 7 Septe 7 September 2010 CONTACT for INTERVIEW Michele Castagna 08 - 8951 5177, Sibylle Kaczorek 0407 878 933 Website: www.neda.org.au Email: eo@neda.org.au ***********************************************************************************************************************PRESS RELEASEDamaging comments: Liberal party must respond
The recent comments made by Liberal Party campaigner Andrew Peacock ‘You'd need to be pretty handicapped not to appreciate that this (Labor) government is dissolving before your eyes daily,’ is “deeply offensive and worrying”, according to Michele Castagna.
“The comments require urgent clarification and explanation” said Ms Castagna.
While NEDA welcomes the Liberal Party’s last election announcement on disability from July 30, the release of a proposed investment of $314 million to provide greater support to students with a disability and their families, the comments go a long way to undermine the spirit and intent of the policy direction.
The damaging comments about disability have been publicly condemned. It is now time for the Liberal Party to clarify its position on disability. Around 4 million people in Australia live with disability and of those a quarter are from Non English Speaking Background, all of these in turn have families and they are preparing to vote.
In the above mentioned announcement the Liberal Party commits to portability of funding to students as well as national consistency on definitions of disability.
In light of the damaging comments, NEDA is now calling on the Liberal Party to clarify the commitment and its implications for other areas of disability.
Sibylle Kaczorek queries, “Is the Liberal Party willing to extend the commitment of portability of funding beyond that of education funding to allow people with disability real choice and freedom of movement within Australia?
Is the Liberal Party willing to apply the definition of disability as articulated in the UN Convention on the Rights of Persons with Disabilities?
Is the Liberal Party willing to embrace the application of a social model of disability as opposed to the antiquated medical model of disability?
Is the Liberal Party willing to endorse the draft National Disability Strategy as recently released by the Government?”
Earlier in May, Tony Abbott expressed his support for the current Productivity Commission Inquiry into long term care and support. At the time, Senator Mitch Fifield, Shadow Parliamentary Secretary for disability states that it is a ‘fundamental inequity’ that support for disability is not determined by need.
Ms Castagna, “on behalf of 1 million people from NESB and their families, NEDA is seeking clarification from the Liberal Party if this statement equates to a commitment to include language and cultural needs as part of the fundamental inequity? As it stands, people from NESB with disability are often misdiagnosed, wrongly assessed and inappropriately supported due to a lack of language or cultural understanding, an inequity that is crying out to be acknowledged and redressed.”
Michele Castagna is the President, Sibylle Kaczorek is the Executive Officer of NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. 12 August 2010 CONTACT for INTERVIEW Michele Castagna 08 - 8951 5177, Sibylle Kaczorek 0407 878 933 Website: www.neda.org.au Email: eo@neda.org.au *****************************************************************************************************************************************************************National Ethnic Disability Alliance Media ReleaseFOR IMMEDIATE RELEASE 30 JULY 2010
The National Ethnic Disability Alliance President, Ms Michele Castagna, today congratulated the Prime Minister, Ms Julia Gillard on her announcement of increased funding directed to people with disability, particularly children.
Ms Castagna said, “The investment into early intervention and additional accommodation services is a positive move and will be welcomed by the disability sector.
However, Ms Castagna cautioned that, “There needs to be greater recognition of those children and adults who are struggling with the dual disadvantage of being from a culturally diverse and/or non-English speaking background and also living with a disability. Some people from culturally diverse and non-English speaking backgrounds have difficulty in recognising disability, let alone understanding the impact that disability can make on their lives. That services are available to assist people with disability and their families does not even occur to some refugees and migrants from very poor countries where people’s major concern is how they will are for their family.”
In her announcement last Thursday, Prime Minister Gillard said, “It is believed there are 1.5 million people in Australia with a high level of disability, 760,000 people with a profound disability and 180,000 of them are children.” NEDA questions the consistency of these figures. The Productivity Commission Report on Government Services 2009 estimates that one in every four people with disability is a person of either first or second generation from culturally and non-English speaking backgrounds, representing approximately 1 million people across Australia.
NEDA hopes that the additional funding allocated for early intervention and adult accommodation support includes robust provisions to support people from culturally diverse and non-English speaking backgrounds with disability. It is critical, for example, that cultural competence training is provided for all staff working with children who have a disability and adults living with disability and receiving accommodation support. Also critical are interpreter and translator services to make information available in alternative languages, and narration services in order to include those who do not have literacy skills.
NEDA is also concerned that only children with certain types of disability will benefit from the increased funding in early intervention, leaving others to fall through the gap.
Ms Castagna expressed further concern about the additional funding that Prime Minister Gillard has promised. ”We hope this is additional money,” she said, “Not money transferred from other services”.
“In spite of our concerns, NEDA welcomes this announcement and looks forward to working with either party when in government to implement culturally and linguistically appropriate policies said Ms Castagna. 2010 votes count. People from culturally diverse and non-English speaking backgrounds with disability are standing up to be counted. The End
About NEDA The National Ethnic Disability Alliance (NEDA) is the national peak organisation representing the rights and interests of people from culturally diverse and non-English speaking backgrounds with disability, their families and carers throughout Australia. NEDA is funded by the Commonwealth Department of Families, Community Services and Indigenous Affairs (FACSIA) to provide policy advice to the Australian Government and other agencies on national issues affecting the people we represent.
NEDA actively promotes the equal participation of people from culturally diverse and non-English speaking backgrounds with disability in all aspects of Australian society. We manage a range of projects relating to ethnic and disability communities and work closely with our state and territory members to ensure that its policy advice reflects the lived experiences of people from culturally diverse and non-English speaking backgrounds who are living with disability.
Media enquiries can be directed to:
Zel Iscel, Acting Executive Officer National Ethnic Disability Alliance Mob: 044 772 4001 Eml: zel@neda.org.au. Web: www.neda.org.au
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PRESS RELEASE Enabling Australia NOW, no ifs or buts – Migration Report offers opportunity for the Rudd Government to effectively change outmoded legislation Today, a myriad of organisations representing large sections of the Australian public and electorate have welcomed the understanding and knowledge reflected in the report Enabling Australia, Inquiry into the Migration Treatment of Disability released by the Joint Standing Committee on Migration last night. However, the recommendations are not going far enough and the disability sector calls on the Rudd Government to use the opportunity now to end the archaic and absurd situation of excluding people with disability from Australia. Graham Douglas-Meyer, spokesperson for the organisations states that ‘The report is a welcomed assessment of the discriminatory migration practices in Australia. We appreciate the words of the Inquiry Chair Michael Danby in stating that, the Inquiry has found that the current Health Requirement reflects old-fashioned approaches to disability in particular and so unfairly discriminates against those who have disability.’ ‘While we support the intentions of the report’s recommendations we believe that they are not reflective of the findings of the Inquiry and it is questionable and disappointing that the recommendations have been limited to administrative changes.’ Mr Douglas-Meyer notes, ‘Improved consistency, transparency and administrative fairness for migrants and refugees with disability applying for an Australian visa is very important and it is the strength of the report’s recommendations. Yet, the recommendations fall short in involving Disabled Peoples Organisation in any reviews as mandated by the UN Convention on the Rights of Persons with Disabilities (UNCRPD).’ ‘The discriminatory nature of the current legislation and practices demand a full application of the Disability Discrimination Act 1992 to the Migration Act 1958. Nothing less. We therefore commend and endorse Senators Sue Boyce and Sarah Hanson-Young on their additional recommendation to such effect.’ Sibylle Kaczorek, further spokesperson for the organisations states, ‘the fact that the report has not removed the cost assessments of visa applicants with disability is in direct conflict with the UNCRPD and the social model of disability.’ Ms Kaczorek questions the effectiveness of the Report’s recommendations, ‘as it stands people such as Mrs Simran Kaur will have no more confidence in Australia’s migration practices even if all recommendations were to be accepted by the Government.’ Mrs Kaur has lived in Australia since May 2007 and has successfully completed a Diploma in Community Development since then. Her application for permanent residency has been rejected on the grounds of not meeting the health requirements due to her vision impairment. Mrs Kaur is financially supported by her husband. Ms Kaczorek highlights another case of 25 year old New Zealand woman Milly Burrows who has a hearing impairment. Ms Burrows has lived in Australia for nine years, she owns a home in Australia, completed her Victorian Certificate of Education and a Diploma of Auslan, the Australian sign language, she is currently studying a science degree at an Australian University. All her social networks are in Australia. Ms Burrows states, ‘determining desirability of an individual to be a member of society purely by monetary measures the Government is putting a price tag on human worth. I don't think it’s that simple or superficial, people with disabilities have a role and contribution to our society that can be given by no one else, the value of this is not determined by a price.’ Kaczorek notes, ‘the Government now has an opportunity to embrace the social model of disability and act in the spirit of the UN Convention on the Rights of Persons with Disabilities. Not to do so will go down as a failure of the Rudd Government and expose as rhetoric its statements on fairness and social inclusion.’ The organisations referred to in this press release will develop a joint statement with a more detailed response to the Enabling Australia Report, the statement will be available on request. Sibylle Kaczorek is the Executive Officer at NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. Graham Douglas-Meyer is the Chairperson of AFDO. The Australian Federation of Disability Organisations has been established as the primary national voice to Government that fully represents the interests of all people with disability across Australia. Its mission is to champion the rights of people with disability in Australia and help them participate fully in Australian life. 22 June 2010 CONTACT Sibylle Kaczorek 0407 878 933, Graham Douglas-Meyer mobile 0405 285 233 Websites: www.neda.org.au; www.afdo.org.au
PRESS RELEASE Let’s end the absurdity of excluding people with disability from Australia Today, a myriad of organisations representing large sections of the Australian public and electorate have called on the Australian Government and opposition parties to finally end the discriminatory health requirement as part of the migration process. The Joint Standing Committee on Migration (JSCM) which has been reviewing the treatment of disability as part of the migration regulations is expected to table its report to Parliament this month. Lesley Hall, spokesperson for the organisations states that ‘Australia’s practice of subjecting potential migrants and refugees to Australia to a health assessment in order to determine their eligibility is discriminatory in our view. The health test means that migrants and refugees with disability are routinely refused entry to Australia as a result of an assessment of the potential health costs associated with their illness or disability.’ ‘Such an approach to disability, a fact of life that may affect anyone in the community at any stage in life, is archaic and contrary to human rights principles. It completely ignores the varied and valuable contributions made by people with disability whether this is in employment, education or in family, social and cultural life. ’ ‘We also believe that the migration regulations are in conflict with the UN Convention on the Rights of Persons with Disabilities (UNCRPD) which Australia bypassed with an interpretative declaration’ Hall notes. Sibylle Kaczorek, further spokesperson for the organisations states that ‘Mrs Simran Kaur current situation highlights the absurdity of the health requirement.’ Mrs Kaur has lived in Australia since May 2007 and has successfully completed a Diploma in Community Development since then. Her application for permanent residency has been rejected on the grounds of not meeting the health requirements due to her vision impairment. Mrs Kaur is financially supported by her husband. Her appeal to the Migration Review Tribunal was unsuccessful. Mrs Kaur is in the process of requesting a waiver from the Minister of Immigration. Ms Kaczorek highlights that ‘Australia workforce needs in the area of community services are growing. Here we have a qualified person who can contribute to our society through employment and bring valuable experiences but the migration regulations reject such a person on the basis of her vision impairment.’ Mrs Kaur herself states that ‘I am compassionate and capable of not only living an independent and successful life but also helping others in need. For this I just need a fair chance and an opportunity. I would be contributing a lot more to the Australian community than what I would need in terms of assistance. Being a person with disability was never my choice but my abilities are!’ The organisations are calling on the Government and the opposition parties to support key changes: 1. Full application of the Disability Discrimination Act 1992 to the Migration Act 1958 health assessment. 2. Improved consistency, transparency and administrative fairness for migrants and refugees with disability applying for an Australian visa. 3. Withdrawal of the Australian interpretive declaration made upon ratification of the United Nations Convention on the Rights of Persons with Disabilities pertaining to the health requirements for non nationals. Sibylle Kaczorek is the Executive Officer at NEDA. The National Ethnic Disability Alliance is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. Lesley Hall is the Chief Executive Officer at AFDO. The Australian Federation of Disability Organisations has been established as the primary national voice to Government that fully represents the interests of all people with disability across Australia. Its mission is to champion the rights of people with disability in Australia and help them participate fully in Australian life. 7 June 2010 CONTACT Sibylle Kaczorek 0407 878 933, Lesley Hall 03 9662 3324, 0417 320 818
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PRESS RELEASE 24/3/2010
The Hon Bill Shorten launches groundbreaking report on Ethnic Disability On Thursday March 18, 2010 at Parliament House, the Hon Bill Shorten launched the report: People from Non English Speaking Background with disability in Australia: What does the data say? The report was commissioned by the National Ethnic Disability Alliance (NEDA). Sibylle Kaczorek, Executive Officer on behalf of the NEDA Council states that, ‘Australia is an increasingly diverse country, with a robust history of migration which has a strong impact upon Australian values, culture and composition, particularly with respect to the contribution that has been made by of a growing proportion of Australians with non English speaking background (NESB) ancestry.’ ‘People from diverse backgrounds also include people with impairment and illness, with an increasingly large number of Australians from non English speaking backgrounds with disability.’ Despite evidence of a strong impact of cultural and linguistic diversity on the ‘face’ of Australia, there remains very little data on the role of non English speaking migration in shaping contemporary Australia and Australians. Kaczorek highlights the following findings of the report: · More than 1 million people with disability are from non English speaking backgrounds. · Some form of recent migration heritage is a characteristic for over 40% of people with disability. · There is a higher prevalence of impairment for people born in a non English speaking country aged over 45 years of age, especially for ‘first wave’ non English speaking migrants, up to 3 times that of the Australian born population. Michele Castagna, President of NEDA states, ‘the report evidences the need for key improvements in Australia’s data collection if we are to understand and meet the needs of people from NESB with disability. In the absence of improved data collection and analysis which must involve consistency and improved sampling, our people will miss out when it comes to service delivery.’ ‘At the end of the day, unless people’s needs are verifiable the necessary dollars for translations and interpreters, cultural competent service delivery and support will not be provided.’ ‘The report is a timely contribution to Government planning, setting of targets and outcomes and budget allocation’, Castagna notes. The National Ethnic Disability Alliance (NEDA) is the national peak organisation representing the rights and interests of people from non-English speaking background (NESB) with disability, their families and carers throughout Australia. The report launch preceded NEDA’s governing Council meeting and a stakeholder input meeting towards the development of NEDA’s operational plan. A copy of the report can be found on the NEDA website www.neda.org.au.
24 March 2010
CONTACT Michele Castagna (President) 08 89515177, Sibylle Kaczorek (EO) 0407 878 933
3rd December 2008
MEDIA RELEASE: FECCA AND NEDA CELEBRATE INTERNATIONAL DAY OF PEOPLE WITH DISABILITY The Federation of Ethnic Communities Councils’ of Australia (FECCA) and the National Ethnic Disability Alliance (NEDA) have celebrated International Day of people with Disability and called on governments and the community to increase their efforts to recognise the rights of people with disability from culturally and linguistically diverse backgrounds. “One in four people with disability in “People with disability from diverse cultural backgrounds are part of the lifeblood of our communities, and continue to make an important contribution to social, political and economic life in “However, people with disability from culturally diverse backgrounds face a number of unique barriers to accessing jobs, services, support and education,” said Ms Kljajic. “We call on Governments to work to remove the barriers faced by people from non English Speaking Backgrounds with disability,” said Ms Michele Castagna. “We also call on the community, including ethnic communities, to challenge the stigma and discrimination faced by people with disability everyday,” said Ms Kljajic. “The ratification of the UN Convention on the Rights of Persons with disabilities has created a real opportunity for improving the rights and inclusion of all people with disability, regardless of their language, culture or faith,” said Ms Kljajic "There is significant scope for reform in a number of areas, including migration rights, removal of language barriers, employment participation and income support for migrants," said Ms Castagna. Media contacts: Dr Dinesh Wadiwel, NEDA Executive Officer. Ms Kelly Kljajic, FECCA Disabilities Chair.
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